RAKESH CHANDRA NARAYAN Vs. STATE OF BIHAR
LAWS(SC)-1994-9-77
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on September 08,1994

RAKESH CHANDRA NARAYAN Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

M.N.VENKATACHALIAH - (1.) THESE proceedings concern of the working of the Ranchi Manasik Arogyashala respecting the administration of which several earlier orders and directions have been issued by this Court. Presently, the Arogyashala is under the management of a Committee set up by the orders of this Court. On the basis of the reports as to its functioning, the position has since been reviewed by this Court.
(2.) ON 17/05/1994 the orders were passed in I.As. 3 and 4, the operative part of which reads as under :- " The present administrative set-up at the Ranchi Mental Hospital and control systems need a strong second look. We requested Union Health Secretary to make a comprehensive assessment of the present administrative set-up, and its management. He may meet the concerned officers of the Bihar Govt. and submit to the Court his recommendations for proper administrative set-up for the hospital which, while relieving the administration of the Hospital from procedural red-tape, would also ensure accountability and the discipline of the staff both medical and administrative and ensure maximizing the utility of the institution to the public. We request the Union Health Secretary to submit his views within four weeks from today. He may visit the HoHospital and hold a meeting at Ranchi to discuss the matters, with the officers of the State Government. He may also meet, if he thinks it necessary, the present Committee of Management. We suggest that Smt. Hingorani is also invited to the aforesaid meetings giving her sufficient advance notice." Sri. M.S. Dayal, Health Secretary has since submitted his report dated 11/07/1994 (Dayal Report) filed into Court on 13/07/1994. We have perused the report. We place on record our appreciation of the devoted services of the Health Secretary who has, if we may say so, done an excellent job. In the report, the Health Secretary has struck the right note as to how the question of reconstruction of the administrative set-up of the hospital is to be approached in the following words :- " I would like to stress that improvements should be effected by looking at the situation as an opportunity for providing high quality of treatment to the needy mentally ill persons, ensuring their social and occupational rehabilitation and eventually developing RMA into an institution that can make substantial contribution to education and research in the field o psychiatry clinical psychology, psychiatric nursing and psychiatric social work. With this goal in view I am suggesting below certain institutional improvements that are necessary, a scheme for financial support to meet the costs of improvements as well as recurring expenses and a set of rules to govern the administration of RMA, with the observation that the Rules may be amended in the light of experience gained by the new Management Committee."
(3.) REFERRING to the nature and extent of the requisite changes in the administrative set-up of the Ranchi Manasik Arogyashala, the Health Secretary States : - " 9. For the administrative set up of RMA, my considered views are given below :- (a) The RMA should be an autonomous institution, managed by the Managing Committee, chaired by the Divisional Commissioner at Ranchi and have a Director in the grade of Rs. 5900-6700 (plus NPA and other allowances and free furnished accommodation) as its Chief Executive Officer. (b) All the employees of RMA shall be civil servants of the Govt. of Bihar. The Director or RMA should be the appointing and disciplinary authority for all B,C and D group employees of RMA. The Managing Committee should be the Appointing and Disciplinary Authority in respect of all group (A) employees other than the Director of the RMA. The Health Deptt. in the State should be the appointing and disciplinary authority for the Director of RMA. (c) The Managing Committee should have full administrative and financial powers in relation to all the affairs of RMA, including powers to create and abolish post in RMA. (d) Additional posts of one Director (Rs. 5900-6700), one Deputy Director (Administration) in the grade of Addl. Distt. Magistrate, three senior psychiatrists (Rs.4500-5700), three junior psychiatrists (Rs.3000-5000), three senior clinical psychologists (Rupees 4500-5700), three junior clinical psychologists (Rs.3000-4500), three senior psychiatric-social workers (Rupees 3000-4500) and three junior psychiatric social workers (Rs.2000-4000) with their personal staff shall be immediately created and filled. The senior-most among the senior psychiatrists should function as Medical Supdt. (e) The rules for the Management of RMA are suggested in the Annex.I. The Managing Committee should frame its own bye-laws. Immediately after the appointment of the Director, the Management Committee should meet and consider, besides various other matters, some issues on an urgent basis like : (i) discharge of all sane persons from the ward (giving them money for their travel and some pocket expenses initially), seeking the co-operation of their families; (ii) reducing the number of indoor patients to about 500; (iii) working out the requirements of additional technical and paraprofessional staff of various categories, including nursing posts, and also the surplus staff particularly in the C & D group categories with the reduction of indoor patients. (iv) establishing appropriate administrative office with facilities for computerised data maintenance on patients and various activities of RMA, improvement in accounting procedures; (v) enquiries into individual cases of prima facie substantial allegations of financial / accounting irregularities followed by appropriate action. " In regard to the imperative of an appropriate person to head the institution at this important transitional stage, the report recommends : "10. An important point for toning up the administration of RMA is to post an appropriate person as the Director of RMA assisted by the Medical Superintendent and a Deputy Director (Administration). I have considered this matter carefully in consultation with Dr. A.K. Mukherjee, Director General of Health Services in the Govt. of India. I came to the conclusion that the first Director of RMA should be a person who, besides being a person of confirmed integrity should have a strong background in modern scientific approach to the treatment of mental patients and their social and occupational rehabilitation. With the help of Dr. Mukherjee and Dr. Channabasavanna, Director of NIMHANS, I have identified Dr. P.S. Gopinath, Addl. Professor of Psychiatry in NIMHANS, Bangalore, as an eminently suitable person for the post of Director of RMA (in the pay scale of Rs. 5900-6700 plus NPA and other allowances as usual). His biodata is enclosed (Annex.II). He is due for retirement from NIMHANS on 28-2-1995 on attaining the age of 60 years and is eligible for reemployment for 2 years thereafter in NIMHANS. At present, he is drawing a basic salary of Rs. 6300 (Plus NPA of Rs. 1000 per month plus allowances) in the pay scale of Rs. 5100-6300. Though, he has ageing arthritis, he is otherwise physically and mentally fit to take up this assignment. He has a very strong background in the treatment of mental patients and their social and occupational rehabilitation. He has made a noticeable contribution in establishing the occupational rehabilitation facilities in NIMHANS, Bangalore. His administrative and professional experience and qualifications reinforced by his integrity and commitment to the cause of better lives for mentally-ill persons are valuable assets. He has greed to stay in Ranchi and work as Director of RMA for a period of 3 years. The Govt. of India would be willing to treat him as on deputation to the RMA from NIMHANS up to 28-2-95 (the date of his superannuation from NIMHANS). Thereafter, he can continue as Director of RMA up to a period of 3 years from the date of his joining the RMA. It would be possible for him to join at an early date if the Hon'ble Supreme Court so decides. I recommend him for this appointment. ;


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